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<br />to the agreement between the United States Postal Service (USPS) and Licensor. <br /> <br />3. LICENSE PAYMENT <br /> <br />3.1 The initial Base License Payment shall be five hundred dollars ($500) per month <br /> <br />and will be reviewed every fifth year (e.g. 5, 10, 15) af1ld may be adjusted by the CPI beginning on <br /> <br /> <br />January 1 of the year foi'iowing that reviewable fifth year. The CPI adjustment shall not be less than 3% <br /> <br /> <br />nor exceed 5%. License payments shall commence on the 15t or 15th day of the month immediately <br /> <br />following completion of the dining area improvements or within 45 days after issuance of a notice to <br /> <br />'L-\ <br /> <br />proceed, whichever time period is lesser, hereafter referred to as "User Fee Commencement Date". <br /> <br />License paymen\s shall be due monthly on the first day of each month. <br />\ \ \ ~\ II" fA <br />\ \) -3.2\J Licensee agrees to pay Licensor In advance 6 months of user fees totaling three <br /> <br />thousand ~ ($3,000). The City shall neither account for nor be responsible for interest accrued on <br /> <br />prepayments made voluntarily by the Licensee. <br /> <br />3.3 Licensee acknowledges that the Licensor incurs collection and administrative <br /> <br />costs associated with pursuing delinquent license payments. Licensee and Licensor hereby agree that if <br /> <br />the license payment for any month is not received by the Licensor by 5:00 p.m. on the fifth (5th) day of <br /> <br />the month, Licensee shall pay a late charge equal to ten percent (10%) of the base license payment rate <br /> <br />in effect. If the late charge is not paid in a timely fashion, the amount owed will be added to the <br /> <br />succeeding month's license payment. <br /> <br />4. FAILURE TO PAY CHARGES <br /> <br />4.1 Failure by Licensee to pay charges when due, or to comply with any other <br /> <br />condition, shall terminate this License at the option of lLicensor. In such event, Licensee waives any <br /> <br />notice to quit or surrender the Premises, and Licensor may enter and retain possession of the Premises <br /> <br />and exclude Licensee. Should Licensor enter the Premises as stated, Licensee shall be held liable as <br /> <br />follows: <br /> <br />(a) <br /> <br />For all user fees and ot~er charges when the Premises remain vacant, <br />! <br /> <br />for the remainder of the term of the Li~ense. Such installments and charges shall be <br /> <br />ATTY/AGR/2007.002 <br />012407 <br /> <br />3 <br />